Why When and How, to make an application
Employment Tribunals used to be known as Industrial Tribunals and were designed to give workers "informal" access to the Legal system on matters relating to their employment. Although they are certainly less formal than normal courts, they still abide by similar rules. However, you do not need legal representation to take your case to an ET even though most employers will use a Solicitor or even a Barister. These are obviously expensive and normally beyond the budget of the average applicant but, if you have a good case, you shouldn't be put off or intimidated by these big guns.				Costs. Withdrawing. Time Limits. At Work. ET1 form. Kinds of Claim. Discrimination. Dismissal. ACAS. More Info.
Dispute Resolution Regulations 2004 As from 1st October 2004, new regulations come into force governing Discipline and Grievances at work. These have a major affect applications to Tribunals and need to be followed by both employers and employees. The aim is to ensure best practice and hopefully resolve disputes internally to take the load off the Tribunal Service that has come to be used more an more over the years. They also affect the time limits imposed by Tribunals and in some cases can give an extra 3 months grace before a case is ruled out of time. Tribunals may not accept an application if you have not attempted to use the internal procedures and proof that you have tried may need to be attached to the form. If an employer fails to follow the procedure in dismissal cases, the dismissal will be automatically unfair and the employee will be awarded a minimum 4 weeks pay and any extra award may be increased by 10 - 50% . On the other hand, if you fail to comply with the procedures, any award made in your favour may be reduced by 10 - 50% and your case may not even be accepted at all. To read more about what these regulations mean click here (PDF File) Costs There are not normally any costs awarded at an ET, even if you lose. But, if the Tribunal believe your case is frivolous or malicious, in other words you do not have a reasonable case or they suspect you just want to get your own back, you may be advised to withdraw your application or pay a deposit of up to £500 that will be returned to you if you win. There are other circumstances where costs may be awarded but provided you have a reasonable case and do your best to comply with requests from the Tribunal, you can be fairly confident that, even if you lose, it won't cost you any more money than you spend on your own case. Withdrawing an Application You can withdraw an application right up to the last moment. Many cases are settled just before entering the tribunal - others part way through the case. But they don't like people wasting the tribunal's time so if you have last minute doubts, you are better having them a few weeks before the case is due to be heard. Time Limits and Qualification Periods Since most people who apply to the Employment Tribunal have, at least, some sort of reasonable case, the main spanner in the works is normally time. For a start, you can't claim unfair dismissal unless you have been in the job for 12 calender months; ie 1st January - 31st December 2002 or 4th March 2001 - 3rd March 2002 inclusive. This does not apply to claims that seek to enforce your rights under various acts of parliament. The Sex Discrimination Act, Race Discrimination Act, Disability Discrimination Act and the Wages Act. Discrimination and Unlawful Deductions from Wages claims can be taken from the day you start your job. BUT In all cases there are time limits, normally three months, within which a claim must be submitted to a tribunal. The new regulations (Oct 2004) have had a bearing on these time limits and in certain circumstances they may be extended. In cases not involving dismissal, you have to attempt to resolve them internally first and your application will not be accepted until 28 days after you have raised a grievance with your employer. If you think you have suffered a detriment at the hands of your employer - one that is within the jurisdiction of an Employment Tribunal, you must now write to them outlining your grievance and wait 28 days for a response before submitting an ET1. This should still leave you with plenty of time to submit the form an within three calender months of the date the act occured. If you leave it any later, it may be ruled out of time. You may be lucky enough to benefit from a three month extension but it is always best to play safe. Using Internal Procedures The Tribunal now insist that you try to resolve your complaint using the new regulated internal procedures but you don't have to wait for those procedures to end before submitting your ET1 form. Your form will not be accepted until 28 days after you submit a grievance in writing to your employer, but you dont have to wait until the end of the process if waiting for the outcome is likely to take you beyond the three month time limit and the Tribunal are likely to reject your application as being out of time. In truth, if you can resolve an issue via the internal procedures, this is generally the best option. Although, of course there may be times when certain behaviour and actions need to be dealt with in the public arena. Filling out an ET1 - Union Representation Every application to a Tribunal starts with an ET1. From April 2005, new ET1 forms will be issued. These have to be filled in carefully and any problems could lead to them be rejected. The CityWest Branch normally have a few ET1 forms to hand but filling them in and submitting them in time is your responsibility. The union may advise you and may, if they believe you have a reasonable case, agree to represent you at the Tribunal. But you are responsible for making the application, with or without their help. The new form has not yet been finalised but the old form is quite short and is fairly straightforward. The main bits are: Box 1 - The type of complaint is important. The Tribunal will only consider what you put on the form. However, they may also consider things that you mention in box 11. Box 8 - How much you earn. Get this right because any compensation will be calculated on this. Include any extras. Box 9 - If your claim is not about dismissal, you need to say when the matter you are complaining about happened. The date is critical because you cannot normally claim for something that happened more than 3 months before. Box 10 - People are normally advised to ask for re-instatement if they have been sacked because if your employer refuses to re-instate you, your compensation will be higher. Box 11 - Now this is the big one. You have to give details of your complaint. You don't have to say too much but you need to give an idea of what happened and why you think this was wrong. You can continue on a seperate sheet if you need more space. If you intend to seek support from the Union, you should state that you are seeking Union Help in Box 3. Remember this will depend on a decision from the Legal Department at Head Office. What sort or things can I take to a Tribunal Apart from Unfair Dismissal, there is a limited list of things that an Employment Tribunal can consider. Unlawful Discrimination is one although it is divided into a number of sub categories. Race, Sex, Disability and Trade Union Activity. This last one is unlikely to affect many people and would not normally apply to the average member of a trade union. You should also bear in mind that not all discrimination is currently unlawful even if it should be. Discrimination When it comes to Discrimination cases, a Tribunal will consider the following points:- Has the applicant been treated differently? Has the applicant suffered a detriment? Was the difference in treatment based on their Sex, Race or Disability? If it was, was there a satisfactory explanation? Even if there is a satisfactory explanation, do the primary facts lead to an inference of discrimination? Unfair Dismissal Unfair Dismissal is just that. A dismissal that is unfair. Not everyone who is sacked will have a claim for Unfair Dismissal. There is a test for unfair Dismissal in the same way as there is for Discrimination:- Was there a proper reason for the dismissal? Was there a genuine belief on the part of the manager that the act had been committed? Were there reasonable grounds for that belief? Did the discipline investigation entitle that belief? Was there a fair process? Was there any injustice? Was the penalty within the range of reasonable responses? Constructive Dismissal is a commonly used term these days. What this means is that you were more or less forced to leave your job by the actions, or perhaps, the inactions, of your employer. Constructive Dismissal is notoriously hard to prove. Our advice to you is do not leave your job with the belief that claiming Constructive Dismissal is a doddle because it certainly is not - even if a few cases do suceed. But, if things are really so bad as you feel you have little option, You must first raise the matter as a formal grievance - in writing - before a claim for constructive dismissal will be accepted. What else is within their jurisdiction? There are a number of other acts and rights that can be addressed by an Employment Tribunal:- Redundancy Maternity Guarantee Pay Itemised Pay Statement Written Particulars of Employment Contract claim by employee Contract claim by employer Working Time Regulations - Rest Periods Working Time Regulations - Holidays ACAS and other Alternatives When you submit an ET1, ACAS will be informed. They will contact you and offer their services at mediation. They can to help you reach a legally binding setlement or offer arbitration. Further information More information can be found at the Employment Tribunal Website. You will soon be able to make an application on line.